Patent infringement of Baricitinib- Delhi High Court grants injunction and refers the matter to the Mediation and Conciliation Center
Eli Lilly & Company, plaintiff, manufacturer of Baricitinib, a medication commonly used for treating rheumatoid arthritis and has a beneficial therapeutic effect in treating Covid-19 patients have patent registered no. IN 270765. On the other hand, Hetero Labs Limited & Ors, i.e., the defendants, requested the plaintiff manufacture the above patent medication under the brand name ‘Barcy,’ which the plaintiffs rejected. Despite their request being rejected and without obtaining any license, the defendant started manufacturing Barictinib under “Barcy” and sold them.
The learned counsel for the defendant also acknowledges that the defendant has not obtained any license from the plaintiff. Further, the defendants assured that they would not release any stock of Baricitinib and requested the same matter to be referred to mediation so that an attempt can be made to mediate the plaintiff and obtain a license from them to manufacture ‘Baricitinib.’
Justice C. Hari Shankar of the Hon’ble Delhi High Court restrained the defendants from manufacturing or clearing into the market any stock of Baricitinib, even if already manufactured and lying with them, till the next hearing. Further, the Court directed the defendants to take all steps within its control to ensure that any stock of Baricitinib, even if released, is not used for the treatment of rheumatoid arthritis.
At the request of the learned counsel for the defendants, the Court also referred the matter to the Delhi High Court Mediation and Conciliation Centre. It directed the mediation center to assign the case to a suitably seasoned mediator.
Also read: Panacea Biotech files patent infringement suit against Sanofi Healthcare
Author: Kashish Maheshwari, student at Vivekananda Institute of Professional Studies
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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